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CONTRACT LAW

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › CONTRACT LAW

  • This topic has 3 replies, 2 voices, and was last updated 7 months ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • July 5, 2022 at 4:55 pm #660018
    Eunice03
    Participant
    • Topics: 70
    • Replies: 61
    • ☆☆

    Simon lives in Devon and one day he sees an Aston Martin parked
    on the beach. No one is in sight but the tide is coming in rapidly.
    Simon calls his neighbour and arranges for him to come and tow
    the Aston Martin up the beach to safety. The neighbour is happy
    to oblige but wants payment for what he has done. When the
    owner, Mike, returns, he refuses to pay because he says the
    action was not necessary.
    Which of the following best describes the legal position?
    A An agency of necessity has arisen because Simon is unable to
    contact Mike.
    B An agency of necessity has arisen because there is an
    emergency situation and a pressing need for action.
    C No agency of necessity has arisen because the Aston Martin is
    not a perishable good and Simon’s action was not reasonable.
    D No agency of necessity has arisen because there is no existing
    pre-contractual relationship between Simon and Mike

    ANS
    D

    Good day sir,I don’t understand why this is not an agency of necessity since the car would have been washes away if simon didn’t call the neighbour to help drive it.I’ll appreciate if you can explain better.

    July 5, 2022 at 8:17 pm #660032
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    So what has the loss of the car got to do with Simon? If the car is damaged, washed away, sunk in the sand or just washed in sea water, what has any of that got to do with Simon?

    Nothing

    Clearly it’s not a matter of life and death and there is no pre-incident relationship between Simon and Mike

    It looks like Simon is going to have to compensate his friend from Simon’s own resources

    OK?

    July 7, 2022 at 4:08 pm #660128
    Eunice03
    Participant
    • Topics: 70
    • Replies: 61
    • ☆☆

    Ok.Thank you

    July 8, 2022 at 7:18 am #660153
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    You’re welcome

  • Author
    Posts
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